Opinion

Mullins v. First General Insurance

  • 253 Ga. 486
  • 322 S.E.2d 265
  • 1984 Ga. LEXIS 1016
Court
Supreme Court of Georgia
Filed
Nov 6, 1984
Status
Published
Author
Hill
On the bench
Bell, Hill, Clarke, Smith, Gregory
Cited by
20 cases

The opinion

Hill, Chief Justice,

concurring specially.

I concur in the majority’s application of the plain meaning of OCGA § 33-34-5 (c), as amended, Ga. L. 1982, pp. 1234, 1236, effective November 1, 1982. However, because I find them unnecessary in interpreting the plain meaning of the amendment, I do not endorse the majority’s statements that the insured did not acquire vested contractual rights on October 19,1982, when the insurance policy became effective, and that the amendment does not impair such rights.

On the other hand, neither do I endorse the premise underlying the dissent, which I read to be that the 1982 amendment impairs the obligation of contracts and hence is unconstitutional. See Const., Art. *489 I, Sec. I, Par. X. That issue is not properly raised in this case which comes to this court from the Court of Appeals.

For the reasons stated, I concur in the majority’s answer to the certified question.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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